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Category : Law | Tags : |
Practice point: The State of New York is not an insurer of the safety of its roads and no liability will attach unless the State’s alleged negligence in maintaining its roads in a reasonable condition is a proximate cause of the accident.
Practice point: Equitable estoppel will bar the assertion of the Statute of Limitations as an affirmative defense when it was the defendant’s wrongdoing which caused the delay between the accrual of the cause of action and the commencement of the legal proceeding.
Practice point: A contractual duty will not be construed as a condition precedent absent clear language showing that the parties intended to make it a such a condition.
Practice point: The business judgment rule, which applies to condominium boards, prohibits judicial inquiry into the actions of the board as long as it acts for the condominium’s purpose, within its authority and in good faith.
Happy Memorial Day, and profound thanks to the women and men whose service has kept us free.
Practice point: An object falling from a minuscule height is not the type of elevation-related injury that the statute was intended to protect against. Moreover, for the statute to be implicated, the object must have been in the process of being hoisted or secured when it fell because of inadequate safety devices.
Practice point: Abuse of process is an intentional tort and, therefore, is governed by a one-year statute of limitations, pursuant to CPLR 215.
Practice point: Where there are complex issues of liability and damages, bifurcation is appropriate because it may help in reaching a fair and expeditious resolution, pursuant to 22 NYCRR 202.42[a].
Practice point: A charging lien is available whether an attorney is discharged or withdraws.
Practice point: Supreme Court may hear all causes of action unless its jurisdiction has been specifically proscribed.
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